SUNDER LAL Vs. MOHAMMAD ISHAQ

JUDGEMENT

(1.) THESE are four special appeals arising out of four suits. But they can be disposed of by one judgment as the point for decision is the same in all the four cases.

(2.) THE plaintiffs, who are the landlords, filed four suits for ejectment, arrears of rent and also for mesne profits on 2-4-1946. These suits were decreed on 30-9-1946. Before filing the suits, notices for ejectment were given on 11-8-1945, and the tenants were required to vacate by 31-8-1945. The plaintiffs had also applied for permission to the District Magistrate and the permission to file the suits had been granted on 28-2-1946.

(3.) AFTER the decrees, the defendants filed appeals. During the pendency of me appeals, an ordinance known as U. P. (Temporary) Control of Rent and Eviction Ordinance, 1946, (Ordinance No. 3 of 1946), was passed which came into force from 1-10-1946. The Ordinance was replaced by the U. P. Control of Rent and Eviction Act, 1947 (Act. No. 3 of 1947), which act was passed on 31-3-1947, and was made retrospective and was to be deemed to come into force from 1-10-1946. The appeals came up for hearing on 24-1-1947, and though certain objections were taken in the Court of appeal based on the Ordinance, the appeals failed and were dismissed and the decrees for ejectment passed by the trial Court were affirmed.